South Dakota Administrative Code

Rule 70:15:01:03 Permit issuance. 70:15:01:03. Permit issuance. A permit-issuing authority may issue an annual permit authorizing the testing and operation of platooning for a fleet of vehicles operated by a single motor carrier. Permit issuance is at the discretion of the issuin…

Rule 70:15:01:04 Permit fee. 70:15:01:04. Permit fee. A permit fee of $60 must be paid to the department along with the application. If the permit is denied, the department shall refund the fee. The department shall deposit fees in the state highway fund. Source: 46 SDR 64, effec…

Rule 70:15:01:05 Permit exemptions. 70:15:01:05. Permit exemptions. A permit is not required for platooning of vehicles by employees, officials, or personnel of the federal government, any state government, or any political subdivision of this state. Source: 46 SDR 64, effective …

Rule 70:15:01:06 Reporting requirements. 70:15:01:06. Reporting requirements. For the duration of each permit period, platooning permit holders shall keep records of the following information for each permit vehicle: (1) Number of platooning miles traveled; (2) Number of trips wh…

Rule 70:15:01:07 Authorized routes. 70:15:01:07. Authorized routes. Platooning is only permitted on the interstate highway system. From the Thursday preceding the first full weekend in August through the Sunday of the second full weekend in August each year, platooning is prohibi…

Rule 70:15:01:08 Limitations due to visibility, weather, traffic and road conditions. 70:15:01:08. Limitations due to visibility, weather, traffic and road conditions. A platooning permit is not valid when visibility is reduced to one-half mile or less by weather, dust, or smoke.…

Rule 70:15:01:09 Limitations in highway work zones. 70:15:01:09. Limitations in highway work zones. Platooning is not permitted in any highway work zone posted for restricted use under § 31-4-14.2 or limited speed under § 32-25-19.1. Source: 46 SDR 64, effective November 25, 2019…

Rule 70:15:01:10 Proof of permit required. 70:15:01:10. Proof of permit required. The driver of a permit vehicle shall provide written evidence of the permit to any law enforcement officer upon request of the officer. A legible and complete paper or electronic copy is considered …

Rule 70:15:01:11 Suspension of operations. 70:15:01:11. Suspension of operations. A law enforcement officer may prohibit a vehicle from platooning under a permit for: (1) A violation of any requirement, condition, or limitation contained in this chapter; (2) Platooning with equip…

Rule 70:15:01:12 Permit revocation. 70:15:01:12. Permit revocation. The department may revoke a permit for multiple violations of any one or more of the grounds for suspension under § 70:15:01:11. Source: 46 SDR 64, effective November 25, 2019. General Authority: SDCL 32-26-50(1)…

Rule 70:15:01:13 Appeals. 70:15:01:13. Appeals. Any person aggrieved by the denial, suspension, or revocation of a permit may appeal in writing to the secretary within 10 business days after the denial, suspension, or revocation. The written notice of appeal shall contain the nam…

Rule 74:02:01:01 Definitions. 74:02:01:01. Definitions. Terms defined in SDCL 43-17-20, 46-1-6, 46-1-9, and 46-6-1 have the same meaning when used in this article. In addition, terms used in this article mean: (1) "Commercial use," water use supplied from other than a common wate…

Rule 74:02:01:01.01 Public recreation areas defined. 74:02:01:01.01. Public recreation areas defined. "Public recreation areas," as used in SDCL 46-1-6(7), means campgrounds, parks, roadside rest areas, and other publicly owned recreation areas that are open to the public and gol…

Rule 74:02:01:01.02 Confinement operation defined. 74:02:01:01.02. Confinement operation defined. "Confinement operation," as used in SDCL 46-1-6(7) and this chapter, means any housing of livestock within a building, feedlot, pen or barnyard. Source: 39 SDR 37, effective Septembe…

Rule 74:02:01:02 Water management board -- Annual meeting -- Quorum . 74:02:01:02. Water management board -- Annual meeting -- Quorum. Annual meetings of the board for the election of officers for the ensuing year and the transaction of other business shall be held at the first r…

Rule 74:02:01:03 Uses of water which require a permit. 74:02:01:03. Uses of water which require a permit. A water permit or right is required for all beneficial uses of water except for: (1) Validated vested right claims; (2) Water distribution systems diverting 18 gallons per mi…

Rule 74:02:01:03.01 Adding connections to a water distribution system. 74:02:01:03.01. Adding connections to a water distribution system. The addition of connections to a water distribution system does not require an application for a water permit if there is no increase in the a…

Rule 74:02:01:03.02 Repealed. 74:02:01:03.02. Certain water use systems not water distribution systems. Repealed. Source: 15 SDR 158, effective April 23, 1989; 20 SDR 53, effective October 20, 1993; repealed, 39 SDR 37, effective September 10, 2012.

Rule 74:02:01:04 Repealed. 74:02:01:04. Appropriation of irrigation water from the Missouri River not to exceed rate set by board.Repealed. Source: 3 SDR 19, effective September 16, 1976; transferred from § 52:01:01:03.01, effective July 1, 1979; repealed, 9 SDR 96, effective Jan…

Rule 74:02:01:05 Criteria for establishing Missouri River irrigation rates. 74:02:01:05. Criteria for establishing Missouri River irrigation rates. When appropriating Missouri River water for irrigation, the amount shall be one cubic foot per second for each 70 acres; however, th…

Rule 74:02:01:05.01 Volume of Missouri River water applied to the land. 74:02:01:05.01. Volume of Missouri River water applied to the land. The amount of Missouri River water applied to the land shall be limited to two acre feet per acre annually at the point of field application…

Rule 74:02:01:05.02 Registration of domestic well. 74:02:01:05.02. Registration of domestic well. The form for registering a domestic well shall be furnished by the chief engineer upon request. The completed form must include the name of the well owner and must be legible. The re…

Rule 74:02:01:05.03 Volume of water for nonirrigation water permit or right or nonirrigation vested right. 74:02:01:05.03. Volume of water for nonirrigation water permit or right or nonirrigation vested right. The total annual volume of water withdrawn for a nonirrigation water p…

Rule 74:02:01:06 Application for water permit furnished by chief engineer -- Method of completion -- Fee required. 74:02:01:06. Application for water permit furnished by chief engineer -- Method of completion – Fee required. An application for a water permit and instruction sheet…

Rule 74:02:01:07 Map required with water permit application. 74:02:01:07. Map required with water permit application. In addition to the requirements of § 74:02:01:06, a map shall be submitted as part of the application. The map shall clearly show the location of the diversion po…

Rule 74:02:01:07.01 Repealed. 74:02:01:07.01. Changes in points of diversion allowable by chief engineer.Repealed. Source: 9 SDR 96, effective January 30, 1983; repealed, 13 SDR 49, effective October 27, 1986.

Rule 74:02:01:08 Supplemental forms required when system includes wells, dugouts, or water storage dams. 74:02:01:08. Supplemental forms required when system includes wells, dugouts, or water storage dams. In addition to the requirements of § 74:02:01:06, when the proposed water …

Rule 74:02:01:08.01 Driller's log required. 74:02:01:08.01. Driller's log required. If diversion is to be from a well, a log of the well or test hole shall be completed by a licensed well driller pursuant to § 74:02:04:65 and submitted with the application. If it is not practical…

Rule 74:02:01:09 Repealed. 74:02:01:09. Forms required showing soil-water compatibility approval of conservation commission for irrigation.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:07, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; 10 SDR 2…

Rule 74:02:01:10 Numbering of applications. 74:02:01:10. Numbering of applications. Before the publication notice is prepared, an application received by the chief engineer shall be assigned a number which will be used in all official correspondence. Source: SL 1975, ch 16, § 1; …

Rule 74:02:01:11 Repealed. 74:02:01:11. Notice of hearing on application required -- Contents.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:09, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; repealed, 10 SDR 27, effective September 26, 1983.

Rule 74:02:01:12 Repealed. 74:02:01:12. Publication of notices -- Responsibility of applicants -- Costs.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:10, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; repealed, 10 SDR 27, effective September 26…

Rule 74:02:01:12.01 Additional information for water permit application hearing. 74:02:01:12.01. Additional information for water permit application hearing. If a mining permit, discharge permit, or any other permit is required in addition to a water permit, pertinent information…

Rule 74:02:01:12.02 Waiver of right to receive notice and other materials. 74:02:01:12.02. Waiver of right to receive notice and other materials. Any person filing a petition to participate in a hearing before the board who does not attend the hearing waives the right to receive …

Rule 74:02:01:12.03 Delegation of authority to chief engineer to issue uncontested permits. 74:02:01:12.03. Delegation of authority to chief engineer to issue uncontested permits. If no petition in opposition is filed pursuant to § 74:02:01:12.04, the chief engineer may issue per…

Rule 74:02:01:12.04 Deadline to file petitions. 74:02:01:12.04. Deadline to file petitions. Petitions filed pursuant to SDCL 46-2A-4(4) or 46-2A-23 to oppose or support an application must be served by first class mail or personally delivered to the chief engineer's office and th…

Rule 74:02:01:12.05 Procedure to contest chief engineer's recommendation. 74:02:01:12.05. Procedure to contest chief engineer's recommendation. If the applicant for a permit contests the chief engineer's recommendation, the applicant must file a petition in accordance with SDCL 4…

Rule 74:02:01:12.06 Published date of hearing. 74:02:01:12.06. Published date of hearing. For purposes of allowing the chief engineer to issue permits pursuant to SDCL 46-1-16 and 46-5-6.11 and to meet publication requirements, any day that is not a Saturday, Sunday, or legal hol…

Rule 74:02:01:13 Repealed. 74:02:01:13. Authorized actions of board on water permit applications.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 52:01:01:11, effective July 1, 1979; 9 SDR 96, effective January 30, 1983; repealed, 10 SDR 27, effective September 26, 1983.…

Rule 74:02:01:13.01 Submission of proposed findings of fact, conclusions of law, and final decision -- Comments. 74:02:01:13.01. Submission of proposed findings of fact, conclusions of law, and final decision -- Comments. The board may, in its discretion, direct either its attorn…

Rule 74:02:01:13.02 Signing of findings of fact, conclusions of law, and final decision -- Valid permit. 74:02:01:13.02. Signing of findings of fact, conclusions of law, and final decision -- Valid permit. The permit is valid from the date findings of fact, conclusions of law, an…

Rule 74:02:01:14 Approved applications to contain qualifications -- Authority to proceed with construction. 74:02:01:14. Approved applications to contain qualifications -- Authority to proceed with construction. Approved applications must contain all qualifications passed by the …

Rule 74:02:01:14.01 Amendment of permits, rights, or vested rights. 74:02:01:14.01. Amendment of permits, rights, or vested rights. The chief engineer may require that a proposed amendment to a water permit, right, or vested right follow the applicable requirements of §§ 74:02:01…

Rule 74:02:01:14.02 Mandatory requirement to submit irrigation water use report -- Exception. 74:02:01:14.02. Mandatory requirement to submit irrigation water use report -- Exception. Except for owners of water spreading systems, all irrigation permit or right owners or their aut…

Rule 74:02:01:15 Procedure for rejection of applications. 74:02:01:15. Procedure for rejection of applications. If the board votes to reject an application for a water permit, the applicant shall be notified and an explanation or the reasons shall be given. The applicant shall be…

Rule 74:02:01:15.01 Repealed. 74:02:01:15.01. Applications for withdrawn water source.Repealed. Source: 9 SDR 96, effective January 30, 1983; repealed, 10 SDR 27, effective September 26, 1983.

Rule 74:02:01:15.02 Applications to appropriate water in excess of 10,000 acre feet annually. 74:02:01:15.02. Applications to appropriate water in excess of 10,000 acre feet annually. Applications to appropriate water in excess of 10,000 acre feet annually shall be submitted to t…

Rule 74:02:01:15.03 Procedures for applications to appropriate water in excess of 10,000 acre feet annually. 74:02:01:15.03. Procedures for applications to appropriate water in excess of 10,000 acre feet annually. Applications to appropriate water in excess of 10,000 acre feet an…

Rule 74:02:01:15.04 Board action on applications to appropriate water in excess of 10,000 acre feet annually. 74:02:01:15.04. Board action on applications to appropriate water in excess of 10,000 acre feet annually. The board, after a hearing on an application to appropriate wate…

Rule 74:02:01:15.05 Board action after legislative action. 74:02:01:15.05. Board action after legislative action. After approval by the Legislature, the board shall schedule a time and place for final consideration of the application. Disapproval by the Legislature constitutes di…